On September 5, 2015

When a loved one has passed away without leaving behind a will (or a valid will) and the decedent’s estate was valued over a certain amount, formal probate will generally need to be opened to settle the estate.

Although there can be a lot to do in probate, below, we will point out the fundamental steps that usually need to be taken to initiate formal probate in Colorado when there is no will for an estate.

4 Steps to Opening Colorado Probate without a Will

Step 1 – Complete the necessary court forms.

When you need to open up CO probate without a will, here’s what needs to be done, a Denver probate attorney explains. Contact us for experienced help with CO probate.

When you need to open up CO probate without a will, here’s what needs to be done, a Denver probate attorney explains. Contact us for experienced help with CO probate.

In general, these forms will include some combination of the following:

  • JDF 922 – Petition for Adjudication of Intestacy and Formal Appointment of Personal Representative
  • JDF 911 – Acceptance of Appointment
  • JDF 912 – Renunciation and/or Nomination of Personal Representative
  • JDF 721 – Irrevocable Power of Attorney
  • JDF 711- Notice of Hearing
  • JDF 923 – Order of Intestacy, Determination of Heirs and Formal Appointment of Personal Representative
  • JDF 915 – Letters of Administration

As you complete these forms (which are available here), be sure to:

  • Read all available instructions first.
  • Complete all necessary fields.
  • Prepare any supporting documentation the court may also require (to prove, for instance, information noted in any of the above forms).

Failing to properly complete any necessary court forms for probate can complicate and delay a case, which can end up meaning that it takes that much longer for beneficiaries to get the assets they have inherited.

Step 2 – Submit the paperwork to the court and pay the court fees.

Prior to submitting the above forms and paperwork to the court, be sure to make at least two copies of all of these documents for your own records. And, be prepared to pay the court fee for opening a formal probate case without a will, which is $164.00 (as of September 2015).

Step 3 – Prepare for the start of the Colorado probate process.

Once the above documents have been submitted to the court with the necessary fees, the court will typically appoint a personal representative to oversee the case. If you are the individual who has been appointed to this position, then you will need to gear up for the ensuing Colorado probate process, which can get more information about here.

It is important to point out here that, because Colorado probate is complicated and personal representatives can be held personally liable for making mistakes during this process, it’s strongly advised that they retain an experienced lawyer for help.

Contact a Denver Probate Attorney at JR Phillips & Associates, PC

When you need experienced help or representation in Colorado probate, you can turn to a seasoned Denver probate attorney at JR Phillips & Associates, PC. Our lawyers provide a thoughtful, comprehensive approach to our clients’ estate planning and probate needs, and we take pride in helping our clients obtain the best outcomes from the probate process.

To discuss your options, meet with one of our attorneys for an initial consultation. Schedule this meeting by calling us at (303) 741-2400 or emailing us using the contact form at the top of this page.

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village and Englewood.

Categories: Probate